Will Disputes
Mediating early prevents assets of the Estate from being used to fight a legal battle rather than shared amongst those entitled.
What Will Disputes can be mediated?
Any dispute over a will or inheritance can be mediated. Typically they involve a dispute over the validity of a will, or whether someone not mentioned on the will should be entitled to some form of provision.
These cases often involve questions of lack of mental capacity when making a will, undue influence placed on the person making the will or that someone that should be named in the will as a beneficiary has not been provided for. These latter cases are generally claims under the Inheritance (Provision for Family and Dependants) Act 1975 (commonly known as Inheritance Act claims or TOLATA claims).
Will disputes are particularly well suited to mediation. They often involve disputes between families who do not want to be involved in court proceedings. The parties can reach an agreement that is outside of what may be decided at court, meaning far greater flexibility in the range of outcomes.
How does it work?
The Parties involved in a dispute can agree to mediate. A date for the mediation will be arranged, on which the focus will be on trying to reach an agreement on a way forward.
Initially the parties are likely to be allocated their own room which they, and their legal team if they have one, can call their ‘home’ for the day. The mediator will meet with the parties separately and what is discussed in those meetings remains strictly confidential unless the party authorises the mediator to disclose such information.
Through those discussions the mediator will seek to understand each party’s important issues, clarify anything they are not sure about and how they see possible grounds for resolution. From these discussions the mediator will use their expertise and experience to explore grounds to settling the dispute.
How long does it take?
Mediations are usually booked for half a day (3.5 hours) or a full day (7 hours). We always keep the time at the end of the scheduled mediation free. If good progress is being made but no agreement has been reached at the end of the allocated time, and the parties feel they want to continue to explore a resolution the mediation can continue past the allotted time.
Whilst there is no obligation on anyone to reach a settlement, the focus is very much on trying to achieve a resolution on the day. Ideally this would be put into writing and those involved can sign to confirm their acceptance to the terms agreed so that it forms a legally binding agreement.
How we can help.
We ensure the parties feel comfortable to enable them to explore various options for settling the dispute. We provide a safe, confidential environment (whether in person or remote). If you have any questions or would like to find out more, simply get in touch with us and we can provide the answers you are looking for.
Contact us
If you have a question, want to book an appointment or want to find out how we work, fill in the form below and we will reply to you as soon as we can.
Alternatively, email mark@solvemediation.co.uk